Eavesdropping: High Tech, Low Legality By Ray McGovern

On December 19, while many of us were Christmas shopping, Attorney General Alberto Gonzales and Deputy Director of National Intelligence Gen. Mike Hayden held a press conference prompted by recent revelations about warrantless eavesdropping on US citizens. It was serendipitous that they picked one of the darkest days of the year, for their assertions and their spin cannot withstand the light of day.

This latest White House-orchestrated performance shows that, with the help of highly questionable legal advice and the suborning of senior generals to disregard their solemn oath to defend the Constitution, the administration is edging this country ever closer to being a police state. A report released yesterday by the nonpartisan Congressional Research Service states that the decision to eavesdrop on US citizens was based on weak legal arguments, and conflicts with existing law.

Gonzales and Hayden answered questions about reports that the National Security Agency, which Hayden directed from 1999 to 2005, was eavesdropping on Americans via a special program approved by the president in violation of the Foreign Intelligence Surveillance Act (FISA). The implications for privacy - and our system of checks and balances - are immense.

As long as he read from his prepared statement, Attorney General Gonzales did just fine with the press. He conceded that FISA requires a court order to authorize the surveillance the president ordered NSA to undertake, and then hammered home the administration's "legal analysis:" the twin argument that Congress' post-9/11 authorization of force and the president's power as commander in chief trump the legal constraints of FISA.

read more